Police can seek Custody of Accused who are arrested even after filing of Charge Sheet: Supreme Court [Read the Judgment]

Can remand in police custody be given to the investigating agency in respect of the absconding accused who is arrested only after filing of the charge sheet?This was the legal question that arose for consideration of the Apex Court recently in a case which related to killing of nine persons and injuries to large number of villagers of Village Netai of District Paschim Medinipore in West Bengal.The Court was hearing an appeal by special leave filed by the CBI Central Bureau of Iinvestigation vs. Rathin Dandapath & Ors.] against the orders passed by the Calcutta High Court upholding the orders passed by the Magistrate refusing CBI's request for police remand of certain absconding accused who had been arrested after the filing of charge sheet in the case.The allegation of the appellant CBI was that the respondents in the appeals before the Court and other accused, on 07.01.2011, after forming an unlawful assembly in the rooftop of respondent No. 1, Rathin Dandapat, committed the crime.First Information Report was lodged on the same day at Police Station Lalgarh in respect of offences punishable under Sections 148, 149, 326, 307, 302 of Indian Penal Code (IPC), and also in respect of offences punishable under Section 25/27 of Arms Act. The investigation of the case was initially done by regular police, but later transferred to Criminal Investigation Department (CID) of the State.Vide order dated 18.2.2011, passed by the High Court of Judicature at Calcutta in Writ Petition Nos. 1170(W) of 2011, 1172(W) of 2011 and 1181(W) of 2011, the investigation was transferred to Central Bureau of Investigation (for short "the CBI").During investigation, several accused, namely Abhani Bhusan Singha, Subhendu Mondal, Aswani Chalak, Nabagopal Sanki, Pintu Roy, Gandib Ban Roy, Lob Duley, Banamali Duley, Niranjan Kotal, Rupchand Ahir, Raju Roy and Swapan Roy were arrested. On completion of investigation, the CBI submitted charge sheet dated 4.4.2011 against 21 accused, including the arrested ones and the absconders.It was mentioned in the charge sheet that further investigation of the case was kept open for the purposes of collection of further evidence and the arrest of the absconders. It was also mentioned that further collected evidence during investigation would be forwarded by filing supplementary charge sheet.The respondents, namely, Rathin Dandapat, Md. Khaliluddin, Dalim Pandey, Joydeb Giri, Tapan De, Chandi Karan, Anuj Pandey and one Kanai Dey, were declared proclaimed offenders.Meanwhile, the trial proceeded and, after providing necessary copies to the accused,as required under Section 207 of the Code of Criminal Procedure, 1973 (for short "CrPC"), the Additional Chief Judicial Magistrate, Jhargram, on 9.8.2011, committed the case to the Court of Sessions, Paschim Medinipore.The Court of Sessions on 10.12.2011 framed charge against accused Abhani Bhusan Singha, Subhendu Mondal, Aswani Chalak, Nabagopal Sanki, Pintu Roy, Gandib Ban Roy, Lob Duley, Banamali Duley, Niranjan Kotal, Rupchand Ahir, Raju Roy and Swapan Roy.The last two accused, namely, Raju Roy and Swapan Roy were later declared juveniles and their cases were sent to Juvenile Justice Board, Paschim Medinipore.In respect of other accused against whom charge was framed, trial further proceeded and ten Prosecution Witnesses were examined. However, their cross-examination was deferred at the instance of arrested accused persons, other than the juveniles.Out of eight proclaimed offenders, five, namely, Rathin Dandapat, Md. Khaliluddin, Dalim Pandey, Joydeb Giri and Tapan Dey, were arrested on 29.4.2014, whereafter on 30.4.2014 the CBI sought their remand in police custody.The Additional Chief Judicial Magistrate, Jhargram rejected the prayer of the CBI, aggrieved by which said investigating agency preferred a revision before the Calcutta High Court.Absconder-accused Chandi Karan was arrested on 9.5.2014 by CID of the State, which informed the CBI about his arrest and meanwhile vacation Magistrate remanded the said accused to judicial custody till 12.5.2014.The CBI on 12.5.2014 sought remand in police custody in respect of Chandi Karan, but the same was also rejected by the Additional Chief Judicial Magistrate, Jhargram, against which a revision was filed by the CBI before the High Court.As regards the other absconder-accused Anuj Pandey too, CID, West Bengal, on 7.5.2014 informed the CBI about his arrest from Chandrapura in Jharkhand, and he was produced on 8.5.2014 before the Additional Chief Judicial Magistrate, Jhargram where CBI sought remand in police custody but the same was also refused.Aggrieved by said order dated 8.5.2014, passed by the Additional Chief Judicial Magistrate, revision was filed by the CBI before the High Court.All the three Criminal...

Police can seek Custody of Accused who are arrested even after filing of Charge Sheet: Supreme Court [Read the Judgment]

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